Battle Bros. v. Sherlock

Sherlock sued Battle Brothers for a breach of an implied warranty of title to a certain mule which he had bought from them. There was no controversy as to the title having failed, *777and the only question submitted to the court was whether there had been any warranty of-title, either express Or implied, in the sale of the mule. The trial judge directed a verdict in favor of the plaintiff, and the defendants excepted.

1. The evidence was substantially as follows: An agent of the defendants sold the mule in question. He testified, that he bought it from a strange negro the day before he sold it to…